The Ojibwe News / Native American Press(Bemidji, Minnesota), 1997-12-26

              Russette acquitted of Parker beating death
By Gary Blair
The only person tried in the beating
death-of 21 year old Gene Parker who
died 3 days after being found in a
garbage container—was recently
acquitted by a Hennepin County
District Court jury.
Raymond "Haus" Russette, age 21,
of South Minneapolis, was found not
guilty of second-degree murder last
Thursday after a 12 member jury
deliberated for less than 8 hours.
Judge Allen Oleisky told courtroom
observers at 12:30 p.m., that if they
wanted to leave, they should do it
now, because he planed to have the
doors locked during the final jury
instructions. At 7:15 p.m. the jury
announced they had reached a verdict
and it was read at 8 p.m.
In April of this year Parker had been
found beaten in an alley near 36th Av.
S. and E. Lake St. by a resident who
notified authorities that someone was
in her garbage container. The police
officer who responded to the call
testified at the trial that when he
opened the trash receptacle—Parker
had stood-up and said he would shoot
him if he did anything to him. That
police officer also testified that Parker
did not have a gun at the time that he
threatened him. Paramedics had been
called to assist Parker—who was later
allowed to leave the scene without
further medical attention.
Early the next morning family
members could not revive Parker
from sleep and he was rushed to the
Hennepin County Medical Center
where he died the next day from
injuries to his head. Parker had been
at a party that involved a lot of
drinking before he was driven to the
secluded alley and beaten. Within
hours of Parker's death, the FBI was
involved the case. Judy Barrette, the
victim's mother, had requested the
FBI involvement through an attorney.
Apparently, after being helped
from the trash container, Parker had
gone to a nearby White Castle
restaurant, called 911, and reported
that he had been assaulted by police
officers. That call brought in the
police department's internal affairs
unit who then inspected every squad
car in the Third Precinct for evidence
of Parker having been in one.
At the time of the incident, FBI
agents were probing the police
department's third precinct for
corruption. A federal grand jury had
been listening to testimony from a
former third precinct police officer
who was upholding a plea bargain
agreement after being caught on video
kicking a suspect who was
handcuffed. The third precinct's
headquarters is located within ten
blocks from where authorities say
Parker was found in the trash
container. There was, however, no
testimony during the trial that
implicated any member of the
Minneapolis police department in the
beating of Parker, a Red Lake
reservation enrollee.
After talking with Hennepin County
Prosecutor Bill Richardson, who tried
the case, and famed Twin Cities
defense attorney J. Anthony Torres,
who won last Thursday's acquittal of
Russette, the following was learned.
Richardson says he often has to
prosecute cases were deals in
exchange for testimony are made with
people who are often involved in the
crime. "Juries don't like deals," he
said. In this case, Damion Severson
who has since turned 18 years old,
was given a plea bargain and
sentenced as a juvenile for his role in
the Parker beating.
Severson had six pervious felony
convictions and he is likely to be
released in 18 month from an out-of-
state treatment program for juvenile
offenders. However, if Severson were
to violate the terms of his plea
agreement, he could be sentenced for
up to 159 month in an adult prison.
The two girls who admitted that
they were with Parker shortly before
he was beaten— testified that the
victim was pulled from the car by
Russette and Severson. Both testified
that they received $20.00 of the
$60.00 that was taken from Parker
after he was beaten unconscious. Both
girls had been at the party with the
victim and were given immunity from
prosecution for their testimony
against Russette.
An impassioned Torres—who
spoke last—hammered on a
courtroom table as he made his
closing argument to the jury. "I didn't
even have to make notes about what
happened in this case because I know
it so well. All four of these people
should have been charged in this
crime and they weren't because the
Minneapolis police department had
bungled the investigation.
"This case took on the intensity that
it did because the Minneapolis police
had became the prime suspect,"
Torres added—as he leveled his
remarks at the prosecution and police
department.
Torres told the jury, "After the
Minneapolis police department
determined who was involved in the
beating, they found Severson who had
once again been locked-up at the .
county juvenile center. They went to :
him and they said—we heard that you
were involved in the beating of
Parker. At that moment a tear of
happiness came into Severson's eye.
because they had just given him an
out. A person who has six felony
convictions. A person who knows the
system. A person who is street smart."
Earlier, Prosecutor Richardson had
told the jury, "Tire tear that came to
Severson's eye during that interview
with the police was one of sadness for
what had happened to his friend
Parker."
Torres continued, "Severson then
tells the police that he wants to talk
with his attorney and then they cut this
plea-bargain that allows him to
receive a juvenile sentence in j
exchange for his testimony against my
client."
"He couldn't get a better deal!" he
bellowed. Torres, stomping with one
foot to dramatize what Severson
testified he did to Parker, told the jury.
Russette/on pg. 3
Red Lake claims settlement update, pg. 6
LL Chr. Hunt corresp. with Tribal members, pg. 8
LL Gen. Council passes resolutions supporting Hunt,
P9-8
Theory: U.S. Const, does not apply to Indian
Country, pg. 1
Women loses prize casino says was mistake, pg. 6
Voice ofthe People
.
imaii. presson@bji.nBt
The
Fifty Cents
Ojibwe
Hews
Native
American
Press
Wn Support Equal Opportunity For AH People
L
Founded in
11
j
A weekly publication.
Copyright Native American Press, 1987
Judge strikes down law banning casinos
from advertising
ATLA -:TIC CITY, NJ (AP) A judge
has struck down a law banning casinos from advertising their games on
radio or television, calling it a violation ofthe First Amendment right to
free speech.
In a major victory for casino companies and broadcasters, U.S. District
Judge Joseph Rodriguez in Camden
said the Federal Communications
Commission statute was unconstitutional because it did not apply to casinos run by Indian tribes or state-run
lotteries, thereby giving them an unfair advantage in how they advertised
their products.
"It has national implications," said
Steven Perskie, a lawyer for Players
I.'itcrnatioitai in.... tVliK^i ^acu uii uc-
half of its casinos in Louisiana, Missouri and Illinois. "It will change the
whole way casinos advertise around
the country." But others disputed
whether the ruling would apply outside of New Jersey.
Under the law, casinos were not allowed to advertise what games they
offered, reproduce the sound of slot
machines or show pictures of people
gambling. They were allowed to advertise, but the only allowable use of
the word "casino" was if it was contained in the property's title.
Indian-run casinos, meanwhile,
mad*, fiA an uneven playing .iciJ in'
Houston, for example, where broadcasters could air descriptive ads for
an Indian casino but more limited
ones for a Players International casino
in the same market.
Players, together with broadcasters'
associations from Texas, New Jersey,
Mississippi, Louisiana, Missouri,
West Virginia, Massachusetts, New
Hampshire and Illinois, filed a lawsuit last year against the United States
government and the FCC, challenging the law for restricting the advertising they could carry or buy.
"Our complaint was that the excep
THREE RED LAKE TEACHERS ATTEND NATIONAL CONFERENCE
Red Lake Elementary teachers Candace West, John Eklund and St. Mary's Mission School teacher Mary Luethmers represented Minnesota
at the National American Indian Science and Engineering Society Conference hosted in Houston, Texas, this past November.   Teachers
and students from across the United States gathered as individuals striving for excellence in Indian Education. The three Red Lake
teachers will be working on a science curriculum for students in native American schools. The American Indian Science and Engineering
Society is an organization that provides a wide range of summer programs and scholarships for both native American high school and
college students to go on to higher education. AISES also provides a wide range of teacher training programs for teachers of Native
American students. For more Information about AISES contact John Eklund at the Red Lake Elementary School at 218-679-3329 or write
to the American Indian Science and Engineering Society, 5661 Airport Boulevard, Boulder, CO 80301-2339
LL General Council passes resolution
supporting Hunt
could depict any of those things in
their advertisements. The difference   C3Sin0/0n DQ. 3
Tribes wary of Justice Department takeover
of reservation police
By Anne M. Dunn
Cass Lake, MN — Approximately 50
people met with the Leech Lake
General Council in the Palace Bingo
and Casino Paradise Room on
Saturday (Dec. 21) for a progress
report concerning the ongoing power
struggle between LL Reservation
District Representatives Myron Ellis,
Jack Seeley and Alfred Fairbanks.
Following the convocation, General
Council Chairman Hartley White
requested more support for Hunt and
Secretary/Treasurer Linda Johnston.
Johnston did not attend the meeting.
White reminded attendees that after
months of political turmoil the three
representatives (Ellis, Seeley and
Fairbanks) continue to evade the
issues that concern LL band members
and make every effort to avoid
meeting with 'the-people'.
Hunt said that Ellis, Seeley and
Fairbanks avoid open meetings by
holding conference at Shingobee Inn
Hunt/on pg. 3
WASHINGTON, DC(AP) Tribal
leaders are deeply divided over
whether the Justice Department
should take over law enforcement services now financed by the Bureau of
Indian Affairs.
The Clinton administration is considering such a recommendation to
Congress as part of the 1999 budget.
President Clinton gave the Interior
and Justice departments until the end
of the year to come up with a way to
curb soaring crime rates on reservations.
A report prepared by a team of federal officials, U.S. attorneys and tribal
leaders proposes to more than double
the size of reservation police forces
to deal with the "public safety crisis"
on Indian lands. The report suggests
the Justice Department could improve
law enforcement by taking over the
BIA's police functions.
But it stops short of endorsing the
proposal. The Justice Department
takeover would ensure better congressional financing and higher standards,
and also bring "the full array of all
DOJ resources to bear on the deplorable condition of Indian country law
enforcement," the report said.
"We have 2.3 million acres throughout the reservation," Charles Murphy,
chairman ofthe Standing Rock Sioux
in North Dakota and South Dakota,
said Thursday. "It would be so much
easier for us to get additional law enforcement people."
But the idea is losing momentum
within the administration, according
to a Justice Department official who
spoke on condition of anonymity. Interior Secretary Bruce Babbitt has
"effectively deferred this matter" to
his new assistant secretary for Indian
affairs, Kevin Gover, who oversees
the BIA, the source said.
Gover, who has expressed concerns
about dismantling the BIA, has not
Justice/on pg. 3
Tribes to submit compact
proposal bv year's end
Bois Forte reservation torn
by allegations of corruption
MADISON, WI (AP) American Indians
seeking new agreements with the state for
operating casinos want the governor to
remove hunting, environmental and other
non-gambling issues from the negotiations.
Tribal leaders said Friday they will comply with Gov. Tommy Thompson's request for a proposal by the end of the
month on terms for the casino compacts.
Oneida Chairwoman Deborah Doxtator
said at least nine of Wisconsin's 11 tribes
want a separate "accord process."
The process, she said, would resolve disputes between tribes and the state on non-
gambling issues like environmental regulations and off-reservation claims to natural resources. The tribes want non-gaming issues kept out ofthe gambling compacts "but also let the citizens ofthe state
know we are ready and willing to have
discussions with the state," she said.
Tribes would rather have a negotiation
process fornon-gaming disputes with the
state because litigation is expensive and
time-consuming, she said. Tribes first proposed the accord process to Thompson
five years ago and did not get a response,
she said.
"That's a non-starter," Thompson said
Friday when asked about the proposal.
"Just put that in quotations." Thompson
said he will insist that 20 issues including
land, air and water rights are part of the
compacts.
Among other issues, the governor wants
the state to get a bigger share of income
from tribal casinos. Thompson said he is
also looking for ways to help Indian-run
casinos and "ma and pa" taverns coexist
in Wisconsin. He proposes having tribes
use
Compact/on pg.3
Red Lakers need
to submit current
address for per
capita payment
The Red Lake Tribal
Enrollment Department is
requesting all residents and
nonresidents to submit their
local and off-reservation
mailing addresses. Each person
must submit his or her own
address to be entered into the
computer system for mailing
purposes. Telephone calls will
not be accepted.
Mail your address to:
Red Lake Tribal Council
P.O. Box 550
Attn. Tribal Enrollment Dept.
Red Lake, MN 56671
One tribal chairman has
been ousted. The election
of his successor was
voided. Both men had
accused a tribal faction of
wrongdoing.
By Randy Furst
Star Tribune Stajf Writer
TOWER, MINN. — Deep in the
North Woods, below the Boundary Waters Canoe Area Wilderness, an attractive resort hotel
owned by the Bois Forte Indian
Reservation is celebrating its first
anniversary to less-than-overflow
crowds.
A few dozen people are playing slot machines in the adjacent
casino on a quiet weekday afternoon. The lobby of the Fortune
Bay Resort is empty.
"It's hard to compete with
Christmas," said David Anderson,
a resort official.
But he is competing with more
than Christmas. A political war has
broken out on the reservation.
One tribal chairman has been
ousted. After a new chairman was
elected to replace him, that election was voided. Now, amid continued allegations of corruption,
a new election is set for January.
On one side of the dispute is a
tribal group, including members
of Anderson's family, that holds
the leadership reins. On the other
side is a faction that alleges cor
ruption and says it is trying to
open tribal business to broader
scrutiny by tribal members.
The group claims that some
reservation leaders have profited
from S3.1 million in overruns that
raised the resort's construction
cost to S12.6 million.
Details of the charges arc
sketchy, and tribal leaders deny
the allegations.
Corruption/on pg. 5
Reprinted with permission of
the Minneapolis Star &
Tribune
Report: lawyer paid to lobby against casino
MILWAUKEE, WI (AP) A lawyer
who was host ofa fund-raiser attended
by the president the night before the Interior Department rejected a Wisconsin casino plan was paid $4,000 to lobby
against the casino, the Milwaukee Journal Sentinel reports.
Thenewspaper said today that the revelation contradicts testimony of Washington attorney Thomas Schneider that
he did not bill the three Indian tribes
opposed to the casino plan developed
by other tribes.
The Journal Sentinel said Schneider's
billings came to light in a Dec. 10 letter
from his attorney, Paul Knight, which
was obtained by the newspaper. The letter said Schneider's claim that he did
not bill for work on the casino was "literally true," but additional information
now has shown that in September, October and November of 1995, the firm
of O'Connor & Hannan paid Schneider
$4,000 for work related to the casino
plan.
"It is not clear who submitted the billable hours for Mr. Schneider that first
appear on the August 1995 bill," Knight
wrote. "Mr. Schneider sti 11 does not be-
lieve that he submitted any time."
Schneider, a friend of President Clinton,
was host of the party for Democrats at
his Maryland home on July 13, 1995,
raising about $350,000 for the
president's campaign.
The next day, the Interior Department
rejected the Four Feathers casino plan,
which proposed developing a tribal casino at a financially ailing dog track at
Hudson, Wis.
Interior Secretary Bruce Babbitt has
denied that political pressure affected
the decision. The casino plan also was
opposed from the start by Gov. Tommy
Thompson, whose approval would have
been required.